I. Purpose and Scope of Policy

A. Statement of Institutional Values

Sexual assault, sexual harassment, dating violence, domestic violence, stalking, and all forms of discrimination relating to one’s sex or gender identity (hereinafter referred to in this Policy as “prohibited conduct” or “sexual misconduct”) violate the rights and dignity of those subjected to the prohibited conduct. When any member of our community engages in any form of sexual misconduct, that person exhibits a fundamental failure to act with integrity and to recognize and respect the intrinsic worth of another. Acts of sexual misconduct, as defined in section IV of this Policy, are contrary to the College’s educational mission and values, are harmful to others, and will not be tolerated at Emerson College (“Emerson” or the College”).

All members of the Emerson community should be free from sexual misconduct in the classroom; the social, recreational and residential environment; and the workplace. The College seeks to foster a climate free from sexual misconduct through a coordinated education and prevention program, the promulgation of clear and effective policies, as well as investigative and grievance procedures that are prompt, equitable, and accessible to all. In response to any report that a member of the Emerson community has engaged in sexual misconduct, Emerson will take all appropriate steps to eliminate the misconduct, prevent its recurrence and address its effects.

To promote a culture where members of the College community respect themselves and one another, and to provide for the safety and security of our community, the College expects all community members to avoid engaging in any sexual misconduct, and to act to prevent others from engaging in such misconduct. Creating a safe campus environment is the responsibility of all members of the College community, both individually and collectively.

To encourage reporting of sexual misconduct, and to support individuals impacted by sexual misconduct, the College will actively educate the college community about available resources, respond to all reports promptly, provide interim measures to address safety and emotional well-being, and act in a manner that recognizes the dignity of the individuals involved.

To achieve equitable results, the College will carefully review and/or investigate all reports and complaints of sexual misconduct with an earnest intent to understand the perspective and experiences of each individual involved, and provide for fair and impartial evaluation and resolution.

B. Purpose of Policy

The purpose of this policy is to provide the Emerson community with a clearly articulated set of behavioral standards, common understandings of definitions and key concepts, and descriptions of sexual misconduct. The policy applies to all College community members, including students, faculty, and staff. It is intended to protect and guide College community members who have been affected by sexual misconduct, whether as a Complainant, a Respondent, or a third party.

When used in this policy, a “Complainant” refers to those persons who have reported to the College that they have been the subject of prohibited conduct. A “Respondent” refers to those persons who have been accused of engaging in prohibited conduct. A “third party” refers to any other person with information concerning a report of prohibited conduct, including a witness to the incident or an individual who makes a report to the College concerning someone else. “Employee” generally refers to both staff and faculty members, unless otherwise specified. A “report” refers to any incident or concern regarding prohibited conduct that is reported to someone designated by the College as a campus security authority (“CSA”). A “College community member” includes students, employees, and independent contractors.

In addition to defining prohibited conduct relating to sex or gender that violates the standards of our community, this policy will also:

Identify resources for all College community members who are impacted by prohibited conduct;

Identify Emerson’s Title IX Coordinator, Deputy Coordinators, the Title IX Team and their roles;

Provide information about where a College community member can obtain confidential support and access resources both on and off campus without triggering a report to the College’s Title IX Coordinator;

Provide information about how a College community member can report to the College that he, she or they were impacted by prohibited conduct;

Provide information that community members may choose to report an incident to the College and/or to outside law enforcement, or to neither; and,

Provide information about how a report of prohibited conduct concerning a College community member will be investigated, evaluated and resolved by the College. See Appendix A: Process for Resolving Reports of Sexual Misconduct Against an Emerson Student and Appendix B: Process for Resolving Reports of Sexual Misconduct Against Emerson Faculty, Staff, and Emerson-Affiliated Third Parties.

C. Scope

As stated above, this policy applies to all College community members, including students, employees, and independent contractors. The College will receive and address reports received from any individual, whether or not affiliated with Emerson, that a College community member has violated this policy. When used in this policy, “employee” generally refers to both staff and faculty members. However, different complaint processes will apply depending on the role of the Respondent (student, non-faculty employees, and faculty members). See Appendices A and B. Vendors, independent contractors, visitors, and others who conduct business with the College or on College property are also expected to comply with this policy.[2]

All College community members are responsible for their actions and behavior, both on campus and off campus. Members of the Emerson community have a responsibility to adhere to both College policies and all laws (local, state and federal) of wherever they reside or travel. Therefore, this policy applies both to on-campus and off-campus conduct, including, but not limited to, off-campus conduct that has an actual or potential adverse impact on any member of the College community or the College.

The College will provide resource options and respond promptly and equitably to all reports of prohibited conduct involving a College community member. The College will engage in a Title IX review during which it is committed to maintaining fairness for all parties and balancing the needs and interests of individuals with the safety of the community.

D. Coordination with College’s Non-Discrimination Policy

Emerson recognizes that discrimination or harassment related to an individual’s sex, gender identity or gender expression (hereinafter collectively “gender related status”), which is prohibited by this Policy, can occur in conjunction with discrimination or harassment related to an individual’s race, color, ethnicity, national origin, religion, age, disability, sexual orientation, or any other legally protected characteristics (“protected characteristics”). Targeting individuals on the basis of any protected characteristics violates Emerson’s community standards and College Policy. When misconduct relates solely to a person’s gender related status, the College will address such conduct pursuant to this Sexual Misconduct Policy. When the College receives a report that a community member has engaged in misconduct related to both a person’s gender related status, and other protected characteristics, the College has discretion to decide under which policy or policies to address the report and will coordinate the investigation and resolution efforts (see Section IX of Emerson’s Policy Against Discrimination, Harassment and Retaliation) to address any and all harassment and discrimination.

II. Notice of Non-Discrimination

Emerson is committed to establishing and maintaining an environment free of all forms of harassment and discrimination for all College community members.

Emerson College does not discriminate on the basis of race, color, ethnicity, national origin, sex, sexual orientation, gender identity or expression, disability, or age in its programs or activities. The following person has been designated by Emerson to respond to inquiries regarding the non-discrimination policies:

Sexual misconduct, as defined in this policy, is a form of sex discrimination that unjustly deprives a person of equal treatment. Such misconduct is prohibited by Title IX, a federal law that provides that:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Sexual harassment is also prohibited under Title VII of the Civil Rights Act, Massachusetts General Laws Chapter 151B, Massachusetts Fair Education Practices Act, Massachusetts General Laws 151 C, Section 2(g), and other applicable state and federal statutes.

This policy prohibits sexual misconduct committed by any College community members, regardless of gender related status. This policy also prohibits gender-based harassment and violence that may not involve conduct of a sexual nature, including, but not limited to, certain reports of domestic violence, dating violence, or stalking.

For assistance related to civil rights, students may visit the Department of Education, Office for Civil Rights (“OCR”) website at http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm which provides information regarding the address and phone number of the OCR office that serves your area, or call 1-800-421-3481.

III. College Statement on Privacy

Emerson is committed to respecting the privacy of all individuals involved in a report concerning prohibited conduct. In any Title IX review of a report or complaint of prohibited conduct, every effort will be made to protect the privacy and interests of the individuals involved in a manner consistent with the College’s need to thoroughly review the report. Such a review is essential to protecting the safety of the Complainant, the Respondent, and the broader campus community and to maintaining an environment free from gender related discrimination.

At all times, Emerson will respect and safeguard the privacy of those involved in a report of misconduct, and information relating to such a report will be shared only with individuals who “need to know” in order to assist in the College’s investigation and/or resolution of the report or complaint.

If a member of the College community wishes to obtain confidential assistance through on-campus or off-campus resources without making report to the College, the College has identified and has made Confidential Resources available on-campus. See Resources at Part V, Section C. All College employees who are not designated as confidential resources are expected to notify the College’s Title IX Coordinator if they receive information that any member of the community has engaged in conduct prohibited by this Sexual Misconduct Policy, but otherwise keep such information as private as possible.

If a Complainant requests that her/his/their identity remain confidential, and/or does not wish for the College to take any corrective action regarding reported misconduct, the College will balance this request with its responsibility to provide a safe and non-discriminatory environment for all College community members including the Complainant, its ability to conduct an investigation if confidentiality is maintained and its responsibility under certain requirements imposed by state and federal law. The College will seek to respect the request of the Complainant and where it cannot do so, it will consult with the Complainant and keep her/him/them informed about the chosen course of action.

If the College concludes that a report of misconduct represents an immediate threat to the College campus community, the College will issue a timely notice of the conduct to the College community, in accordance with the College’s Timely Warning Policy, if deemed appropriate and necessary to protect the health or safety of the campus community. This notice will not contain any biographical or other identifying information of the Complainant.

All Title IX investigative and sanction proceedings, and notices or statements issued by the College will comply with the requirements of FERPA, the Clery Act, Title IX, and College policy. No information shall be released from such proceedings by the College, except as required or permitted by law or College policy.

IV. Prohibited Conduct and Definitions

Emerson prohibits all forms of sexual misconduct. Sexual misconduct is a broad term that includes but is not limited to sexual assault, sexual harassment, sexual violence, sexual exploitation, stalking, cyber-stalking, relationship violence, bullying or cyber-bullying relating to one’s sex or gender identity, and aiding or facilitating the commission of any such prohibited conduct. Emerson policy also prohibits retaliation relating to any such reported misconduct.

Consistent with the values of an educational and employment environment free from harassment based on sex, the College also prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex, gender identity, gender expression or sex-stereotyping, even if those acts do not involve conduct of a sexual nature, and regardless of whether the gender-based harassment rises to the level of violating the law.

A. Definition of Sexual Harassment

Sexual harassment is a form of unlawful sex discrimination and consists of two basic types:

Intimidating, Hostile, or Demeaning Environment - Any unwelcome action or verbal expression, or a series of actions or expressions, that have either the intent, or are reasonably perceived as having the effect, of creating an intimidating, hostile, or demeaning educational, employment, or living environment for a student or College employee, either by being sexual in nature or by focusing on a person's gender, sexual orientation, gender identity, or gender expression. An intimidating, hostile, or demeaning environment is defined as one that is so severe, pervasive, or objectively offensive that it interferes with a person's ability to learn, exist in living conditions, work (if employed by the College), or have access and opportunity to participate in all and any aspect of campus life.

A single or isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents to provide a hostile environment, particularly if the harassment is physical.

Quid Pro Quo Harassment - Any action in which submission to conduct of a sexual nature is made either explicitly or implicitly a term or condition of an individual's education, grades, recommendations, or extra-curricular or employment opportunities.

In either type of sexual harassment noted in 1) or 2) above, the effect will be evaluated based on the standard of a reasonable person in the position of the Complainant.

B. Forms of Prohibited Sexual Harassment

In some cases, sexual harassment is obvious and may involve an overt action, a threat or reprisal. In other instances, sexual harassment is subtle and indirect, with a coercive aspect that is unstated.

Sexual harassment can take many forms:

It can occur between persons of equal power status (e.g., student to student, staff to staff, faculty member to faculty member, visitor/contracted employee to staff) or between persons of unequal power status (e.g. supervisor to subordinate, faculty member to student, coach to student-athlete, student leader to first-year student). Although sexual harassment often occurs in the context of an exploitation of power by the individual with the greater power, a person who appears to have less power in a relationship can also commit sexual harassment (e.g., student harassing faculty member).

It can be committed by an individual or may be a result of the collective actions of an organization or group.

It can be committed against an individual, an organization or a group.

It can be committed by an acquaintance, a stranger, or someone with whom the Complainant has a personal, intimate or sexual relationship.

It can occur by or against an individual of any sex, gender identity, gender expression or sexual orientation.

It does NOT have to include intent to harm, be directed at a specific target, or involve repeated incidents.

Examples of behavior that might be considered sexual harassment include, but are not limited to:

Unwanted sexual innuendo, propositions, sexual attention or suggestive comments and gestures; humor and jokes about sex or gender-specific traits; sexual slurs or derogatory language directed at another person’s sexuality, gender, gender identity, sexual orientation or gender expression; insults and threats based on sex, gender, gender identity, sexual orientation or gender expression; and other oral, written or electronic communications of a sexual nature that an individual communicates is unwanted and unwelcome;

Written graffiti or the display or distribution of sexually explicit drawings, pictures, or written materials; sexually charged name-calling; sexual rumors or ratings of sexual activity/performance; or the circulation, display, or creation of e-mails or Web sites of a sexual nature.

Display or circulation of written materials or pictures degrading to an individual(s) or gender group where such display is not directly related to an educational/pedagogical, artistic, or work goal. When an instructor determines it is necessary to include such materials in classroom instruction, discussion, or required studies/reading, it is expected that the instructor will offer prior warnings concerning the intent to display or introduce such explicit materials. Instructors are encouraged to attempt to accommodate individuals who find such materials upsetting or triggering by allowing for alternative means of fulfilling course requirements.

Unwelcome and objectively inappropriate physical contact or suggestive body language, such as touching, patting, pinching, hugging, kissing, or brushing against an individual’s body;

Undue and unwanted attention, such as repeated flirting, objectively inappropriate or repetitive compliments about clothing or physical attributes, staring, or making sexually oriented gestures;

Physical coercion or pressure of an individual to engage in sexual activity or punishment for a refusal to respond or comply with sexual advances;

Change of academic or employment responsibilities (increase in difficulty or decrease of responsibility) based on sex, gender identity, sexual orientation or gender expression;

Use of a position of power or authority to: (1) threaten or punish, either directly or by implication, for refusing to tolerate harassment, for refusing to submit to sexual activity, or for reporting harassment; or (2) promise rewards in return for sexual favors;

Sexual assault;

Abusive, disruptive or harassing behavior, whether verbal or physical, which endangers another's mental or physical health, including but not limited to threats, acts of violence, or assault based on gender related status and/or in the context of intimate partner violence;

Demeaning verbal or other expressive behavior of a sexual or gendered nature in instructional settings; and

Acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping. Harassment for exhibiting what is perceived as a stereotypical characteristic for one’s sex, or for failing to conform to stereotypical notions of masculinity and femininity, regardless of actual or perceived gender related status of the harasser or her/his/their target.

C. Additional Forms of Prohibited Sexual Misconduct

Sexual misconduct may vary in its severity and includes a range of behaviors. The following descriptions represent forms of sexual misconduct that violates Emerson’s community standards and another person’s rights, dignity and integrity.

Sexual Violence: Engaging in physical sexual acts with someone who has not given her/his/their consent or who is incapable of giving consent. This includes rape, sexual assault, battery and sexual coercion. Sexual violence may involve individuals who are known to one another or have an intimate and/or sexual relationship (relationship violence), or may involve individuals not known to one another. Examples include, but are not limited to:

Having or attempting to have sexual intercourse with another individual without consent. Sexual intercourse includes vaginal or anal penetration, however slight, with a body part or object, or oral copulation by mouth-to-genital contact.

Having or attempting to have sexual contact of any kind with another individual without consent. Sexual contact includes kissing, touching the intimate parts of another, causing the other to touch one's intimate parts, or disrobing of another without permission. Intimate parts may include the breasts, genitals, buttocks, mouth or any other part of the body that is touched in a sexual manner.

Relationship violence including domestic and dating violence: Relationship violence is any intentionally violent or controlling behavior by a person who is currently or was previously in a relationship with the victim. Relationship violence includes actual or threatened physical injury, sexual assault, psychological abuse, economic control, and/or progressive social isolation. Relationship violence can occur in all types of relationships. Relationship violence can include, but is not limited to:

physical or emotional abuse

controlling/possessive behavior

making you feel like: you are walking on eggshells; you have to call your friends in secret; you must dress a certain way

Observing another individual's nudity or sexual activity or allowing another to observe consensual sexual activity without the knowledge and consent of all parties involved;

Non-consensual streaming of images, photography, video or audio recording of sexual activity or nudity, or distribution of such without the knowledge and consent of all parties involved;

Photographing or taping someone (via audio, video or otherwise) involved in sexual activity, sexual intercourse/penetration, or in a state of undress, without their knowledge or consent. Even if a person consented to the sexual activity or intercourse/penetration, photographing or taping someone without their knowledge goes beyond the boundaries of that consent. The dissemination of photographers or video/audio or someone involved in sexual activity, intercourse/penetration, or in a state of undress, without their knowledge or consent constitutes a separate and additional act of sexual exploitation;

Prostituting another individual;

Voyeurism, which is the act of observing someone involved in sexual contact/activity or in a state of undress, without their knowledge or consent.

Knowingly exposing another individual to a sexually transmitted disease or virus without his or her knowledge; and

Inducing incapacitation, including by providing someone with alcohol or drugs, with or without that person’s knowledge, for the purpose of making another person vulnerable to non-consensual sexual activity.

Sexual Exploitation: An act or acts committed through non-consensual abuse or exploitation of another person's sexuality for the purpose of sexual gratification, financial gain, personal benefit or advantage or any other non-legitimate purpose. The act or acts of sexual exploitation are prohibited even if the behavior does not constitute another sexual misconduct offense. Sexual exploitation may involve individuals who are known to one another, have an intimate or sexual relationship, and/or may involve individuals not known to one another. Examples include, but are not limited to:

Stalking: A course of conduct involving more than one instance of unwanted attention, harassment, physical or verbal contact, or any other course of conduct directed at an individual that could be reasonably regarded as likely to alarm or place that individual in fear of harm or injury, including physical, emotional, or psychological harm. This includes cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts or other similar devices or forms of contact are used to pursue, harass or make unwelcome contact with another person. Stalking and cyber-stalking may involve individuals who are known to one another or have an intimate or sexual relationship, or may involve individuals not known to one another.

Aiding or Facilitating Sexual Misconduct: Aiding or facilitating sexual misconduct means promoting or encouraging the commission of any behavior prohibited under this policy. Members of the Emerson community are prohibited both from personally engaging in sexual misconduct, and also from engaging in conduct which assists or encourages another person to engage in such misconduct.

Retaliation: Acting or attempting to retaliate or seek retribution against a Complainant, Respondent, or any individual or group of individuals involved in the investigation and/or resolution of an allegation of sexual misconduct. Retaliation can be committed by any individual or group of individuals, not just a Respondent or Complainant. Retaliation may include abuse or violence, other forms of harassment, and/or making false statements about another person in print or verbally with intent to harm their reputation.

D. Statement on Consent, Coercion, Incapacitation, and Alcohol

Consent to engage in sexual activity must be knowing and voluntary and must exist from the beginning to the end of each instance of sexual activity and for each form of sexual contact. Consent to one form of sexual contact does not constitute consent to any other forms of sexual contact. Further, consent to engage in a particular sexual act at any given time is not indefinite or ongoing consent to engage in that same act, or any other sexual act, on other occasions. A current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent. Even in the context of a relationship, there must be mutually understandable communication that clearly indicates willingness to engage in sexual activity each time such activity occurs.

Consent consists of an outward demonstration indicating that an individual has freely chosen to engage in sexual activity. Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage freely in sexual activity. Relying on non-verbal communication can lead to misunderstandings. When in doubt, ask before acting.

Consent may not be inferred from silence, passivity, lack of resistance or lack of an active response alone. A person who does not physically resist or verbally refuse sexual activity is not necessarily giving consent. In the absence of an outward demonstration, consent does not exist.

Consent cannot be obtained from the use or threat of physical force, intimidation, or coercion, or any other factor that would eliminate an individual’s ability to exercise his or her own free will to choose whether or not to have sexual contact. Coercion includes the use of pressure and/or oppressive behavior, including express or implied threats of harm, severe and/or pervasive emotional intimidation, which places an individual in fear of immediate or future harm or physical injury or causes a person to engage in unwelcome sexual activity. A person’s words or conduct amount to coercion if they wrongfully impair the other’s freedom of will and ability to choose whether or not to engage in sexual activity. If sexual acts were preceded by threats or coercion, there is no consent.

Consent may be withdrawn by either party at any time. Withdrawal of consent must also be outwardly demonstrated by words or actions that clearly indicate a desire to end sexual activity. Once withdrawal of consent has been expressed, sexual activity must cease.

A lack of consent may be indicated in a variety of ways. First, a verbal - "no" - even if it sounds indecisive or insincere, must be accepted as a lack of consent. Next, if consent is requested verbally, the absence of any explicit affirmative verbal response constitutes lack of consent. In addition, if at any time a person’s words, actions, or demeanor suggest hesitancy, confusion, or uncertainty about engaging in sexual activity, the parties should stop and obtain verbal consent before continuing sexual activity.

Certain individuals are not legally able to consent to sexual activity, because of their age or mental limitations, regardless of whether their words or actions indicate such consent. Members of the Emerson community are expected to know, and comply with the statutory age of consent and any other applicable laws regarding sexual activity in any and all jurisdictions where they may reside or travel. For example, in the state of Massachusetts, consent to sexual acts can not be legally given by minors under the age of 16. Engaging in sex with a minor is a criminal act punishable by a substantial prison sentence which can be up to and including life, and all members of the community must not engage in any sexual activity with minors and must comply with their legal obligation to report any knowledge of child abuse.

Individuals of any age are considered incapacitated and unable to consent to sexual activity if they are not able to make rational, reasonable judgments. Incapacitation is the inability, temporarily or permanently, to give consent because the individual is mentally and/or physically helpless. Individuals may be incapacitated and unable to consent to sexual activity due to drug or alcohol consumption, either voluntarily or involuntarily, or if the individual is unconscious, asleep or otherwise unaware that the sexual activity is occurring. Individuals are incapacitated if she/he/they are unaware of where they are, how they got there, or why or how they became engaged in a sexual interaction. Where alcohol is involved, incapacitation is a state beyond drunkenness or intoxication.

Some indicators of incapacitation may include, but are not limited to, lack of control over physical movements, lack of awareness of circumstances or surroundings, or the inability to communicate for any reason. An individual may experience a blackout state in which she/he/they appear to be giving consent, but do not actually have conscious awareness or the ability to consent. It is especially important, therefore, that anyone engaging in sexual activity be aware of the other person’s level of intoxication. The relevant standard that will be applied is whether the Respondent knew, or a sober reasonable person in the same position should have known, that the other party was incapacitated and therefore could not consent to the sexual activity.

Alcohol or drugs impair a person’s decision-making capacity, awareness of the consequences, and ability to make informed judgments. However, being intoxicated or impaired by drugs or alcohol is never an excuse to engage in sexual misconduct and does not excuse one from the responsibility to obtain consent. As stated above, even if Respondents are intoxicated they will be found responsible for sexual misconduct if they engage in sexual activity with another person who did not consent to the sexual activity.

In the absence of mutually understandable words or actions, it is the responsibility of the initiator, or the person who wants to engage in the specific sexual activity to make sure that he/she/or they have consent from his/her or their partner(s). Consent to some form of sexual activity does not necessarily mean consent to other forms of sexual activity. Mutually understandable consent must be obtained by the initiator at every stage of sexual interaction. Consent is mutually understandable when a reasonable person would consider the words and/or actions of the parties to have expressed a mutually understandable agreement between them to do the same thing, in the same way, at the same time, with one another.

V. Reporting

A. Who in the Emerson College Community Must Report Sexual Misconduct Once They Become Aware of It?

Except for employees designated as Confidential Resources (see Resources at Part V, Section C), all Emerson employees are required to promptly inform the Title IX Coordinator about incidents of sexual misconduct reported to have been committed by Emerson community members.[3]

In accordance with federal law, Emerson has designated certain employees, including student employees, who are responsible for student welfare as campus security authorities (“CSAs”). CSAs include faculty, staff, administrators and student employees and volunteers who have a significant responsibility for student welfare. Examples of CSAs include Residence Assistants, staff employees of Housing and Residence Life Staff, faculty and staff advisors to student organizations, athletics coaches, faculty directors of study abroad programs, and College police and security officers. If any member of the College community is uncertain as to whether she/he/they are a CSA, they should contact the College’s Title IX Coordinator. A CSA cannot, as a matter of law, keep confidential any information received concerning sexual misconduct.

CSAs must inform the Title IX Coordinator if they receive information that a member of the College community has been impacted by sexual misconduct, regardless of whether the person who committed the sexual misconduct was a member of the Emerson community or whether the incident occurred at Emerson.

Emerson community members who are not designated as CSAs and who are not designated as Confidential Resources are strongly encouraged, although not required, to notify the Title IX Coordinator or a Deputy Title IX Coordinator if they receive information that a member of the community has been impacted by sexual misconduct, even if the person who committed the misconduct is not a member of the Emerson community, so that the College can offer the affected individual support and take appropriate measures to ensure the safety of the College community.

If a member of the community wishes to discuss a matter involving sexual misconduct and does not want the College’s Title IX Coordinator to be informed of the matter, confidential resources are available both on and off campus. See Part V, Section C for Confidential Reporting. Employees who are confidential resources will not share with anyone information that they receive in confidence, except if they are required to do so under law, such as the obligation to report knowledge of child abuse, or belief that a person poses an imminent and ongoing threat of harm to a person or persons.

The College has designated a number of accessible means of reporting sexual misconduct in order to reduce barriers and impediments to reporting and in order to encourage the reporting of all such incidents. The College seeks to create a culture of reporting, while recognizing that individuals may be reluctant to report sexual assault and other forms of gender related violence for a variety of reasons. We encourage individuals to seek care and support, either on or off campus, in the manner that feels most comfortable to them.

B. Emergency/Immediate Reporting Options and Campus and Community Resources

The College strongly recommends that people who have experienced sexual assault, relationship abuse, stalking or any other form of abuse to seek assistance as soon as possible through one or more of the following options:

1. Emergency/Immediate Reporting Options

Individuals are strongly encouraged to call 911 if they are feeling unsafe and wish to reach local law enforcement or emergency medical care (including an ambulance) anywhere within the United States. Individuals participating in a College program in Europe may reach the Police by calling 112.

The Emerson College Police Department (ECPD) can be reached at 617-824-8888 (Emergency Line). The ECPD is available 24 hours a day year round and can assist members of the College community regardless of whether an incident occurred on or off campus. The ECPD will provide information about rights and resources for survivors of sexual assault, including confidential resources. ECPD will also assist any Emerson community member to get to a safe place and if the survivor wishes, will provide transportation to a hospital or other medical provider. ECPD also can connect individuals with Emerson’s Healing & Advocacy Collective counselors or with an on–call member of Emerson’s Counseling and Psychological Services (ECAPS). If someone wishes to file a police report with local law enforcement, the ECPD will assist her/him/them in doing so, by contacting the police department of the local jurisdiction where the crime occurred and facilitating a meeting on Emerson’s campus, if possible, if the person reporting the incident prefers not to travel to a local precinct. However, contacting ECPD does not obligate an individual to file a criminal report or complaint with the local police.

Emerson’s Director of Healing & Advocacy/Survivor Advocate(s) are confidential resources who can be reached at 617 824 8857, and can provide members of the Emerson community as well as their family and friends with information about resources and reporting options. Additional information about the services provided by the Director of Healing & Advocacy Survivor Advocate is available at www.emerson.edu/social-justice-center/healing-advocacy-collective.

Please consult the Resources section of Emerson College’s Options and Resources for Survivors of Sexual Assault, Stalking and Abusive Relationships brochure for additional information concerning available advocacy and medical resources available in the locations of College programs. This brochure is available on the College’s website at www.emerson.edu/social-justice-center/healing-advocacy-collective.

The College encourages individuals who have experienced an incident of sexual misconduct, including rape or sexual assault, to seek assistance from a medical provider and/or law enforcement as soon as possible after the incident. This is the best option to ensure preservation of evidence, effective medical care, and to begin a timely investigation.

A medical provider can provide emergency and/or follow-up medical services, and the ability to discuss any health care concerns related to the incident in a confidential medical setting may bring peace of mind. The medical exam has two goals: first, to diagnose and treat the full extent of any injury or physical effect (sexually transmitted infection or pregnancy) and second, to properly collect and preserve evidence, for potential future criminal prosecution. There is a limited window of time following an incident of sexual assault to preserve physical and other forms of evidence. Taking the step to gather evidence immediately does not commit an individual to any course of action. The decision to seek medical attention and gather any evidence will remain confidential and will preserve the options to seek resolution through the criminal justice system. It should be noted that Massachusetts law requires medical personnel to report all cases of rape and sexual abuse where the survivor seeks medical treatment. This report does not include the victims’ name, address or other identifying information. See Part V, Section C on Confidential Resources.

Regardless of whether an individual chooses to report an incident to law enforcement or seek medical attention, individuals can always obtain confidential support and assistance from Emerson’s Healing & Advocacy Collective and the assistance and support from other College offices, including but not limited to the Title IX Coordinator.

2. Additional Non-Emergency Reporting Options and Resources

All members of the community may report an incident of sexual misconduct to Emerson’s Title IX Coordinator or any member of the Title IX Team.

When an individual reports to any member of the Title IX Team that another member of the community engaged in sexual misconduct, the Title IX Coordinator will assess the report, and take necessary measures to ensure the safety of the community and those involved. Persons who have experienced sexual misconduct can obtain accommodations to their work and class schedules and housing, as well as safety measures, such as no-contact orders, from the Title IX Coordinator, if such measures are needed to fully participate in College life, regardless of whether they file a formal complaint or participate in an investigation. Those who are reported to have been impacted by sexual misconduct are never required to communicate with the Title IX Coordinator or participate in a College or law enforcement investigation. However, if the Title IX Coordinator receives information that a member of the community engaged in conduct prohibited by the Sexual Misconduct Policy, that information is considered a report, and the Title IX Coordinator will contact the person who was reported to have been impacted by the incident, in an effort to determine what if any measures might be appropriate for community safety and whether a Title IX Investigation should be initiated by the College.

The College recognizes that a student or employee may choose to report sexual misconduct to any trusted employee of the College. For example, a student may choose to confide in a Resident Assistant or Residence Director, a faculty or staff advisor, or a coach, all of whom are CSAs who must report the incident to the College’s Title IX Coordinator under this policy. All members of the community are encouraged to report knowledge of sexual misconduct affecting a community member to the College so that the College can take steps to support that individual’s well being and enhance the safety and security of the community and respond in a prompt manner. However, to enable the College to respond to all reports in a prompt and equitable manner, the College encourages all individuals to directly report any incident of sexual misconduct to the Title IX Coordinator or a member of the Title IX Team.

See Appendix C for contact information for the Title IX Coordinator and other Title IX team members.

3. Additional College Resources

The College offers resources that can provide crisis intervention services, counseling, academic support, housing support and medical services to all Emerson community members. Such services include:

Emerson’s Confidential Healing & Advocacy / Survivor Advocate will upon request assist members of the Emerson community through the civil court process of seeking orders of protection.

ECPD is also available to assist members of the community in seeking civil orders of protection. If a member of the community has been threatened or harmed because of someone who is not affiliated with the College, ECPD can also issue no-trespass orders preventing such third parties from coming on campus property. In addition, ECPD will provide upon request an escort to ensure safe movement between classes and activities.

The Emerson Center for Health and Wellness (CHW) provides students with non-emergency medical care. CHW can be reached at 617-824-8666.
Detailed information about CHW’s services and hours of operation can be found at /health-center.

Emerson Counseling and Psychological Services (ECAPS) provides counseling support for students and will also assist any member of community with referrals upon request. ECAPS can be reached at 617-824-8595.
Detailed information about ECAPS’ services and hours of operation can be found at /counseling-center.

Employees (staff and faculty) can access medical, counseling, and other forms of support through a confidential third party provided Employee Assistance Program, which can be reached at 1-800-828-6025.

In addition, the College will provide Interim Measures, including but not limited to no-contact orders, academic employment or residence modifications (See Section VI: Interim Measures).

4. Additional Community Resources

Various organizations can provide crisis intervention services, counseling, medical attention, and assistance in interfacing with the criminal justice system. All individuals are encouraged to utilize the resources that are the best suited to their needs, whether on or off campus. Some resources in the local Boston area community include:

Administrative Agency Resources

Massachusetts Commission against Discrimination (MCAD)
John McCormack building
One Ashburton Place
Sixth floor, Room 601
Boston, MA 02108
617-994-6000
The MCAD prohibits sexual harassment in the workplace. The statute of limitations for filing a complaint is 300 days for the last date of discrimination.

Equal Employment Opportunity Commission (EEOC)
JFK Federal building
475 Government Center
Boston, MA 02203
800-669-4000
The EEOC prohibits sexual harassment in the workplace. The statute of limitations for filing a complaint is 300 days for the last date of discrimination.

U.S. Department of Education, Office for Civil Rights (OCR)
5 Post Office Square, 8th floor
Boston, MA 02109-3921
617-289-0111
While OCR complaints should generally be filed within 180 days of the last date of the alleged discrimination, OCR may extend this filing deadline in a variety of circumstances.

Applicable community resources for other College programs include:

United States National Rape Crisis Center Helpline, available 24 hours a day year round at 800-841-8371.

Czech Republic: Rape Crisis Network Europe, available at rcne.com, and Elektra Helpline, available 24 hours a day year round at +42(0) 603 81 23 61.

C. Confidential Resources and Support

The College encourages individuals who have experienced sexual misconduct to report the conduct to the College’s Title IX Coordinator and/or to local law enforcement. The College recognizes, however, that there are many barriers to reporting, both individual and societal, and not every individual will choose to make a formal report with the College or with local law enforcement. For those individuals who do not want to make a report to someone who is required to share detailed information about their report with the College’s Title IX Coordinator, the College offers confidential resources. Individuals seeking to talk to someone at the College concerning an incident of sexual misconduct, without making a report to the College or triggering any investigation or action by the College, may utilize the confidential services of Healing & Advocacy Collective counselors, Emerson Counseling and Psychological Services (ECAPS) therapists, and Center for Health and Wellness clinicians. These resources are subject to a legal confidentiality obligation that prohibits the release of information without that individual’s express consent, except as required by law. If someone makes a report of sexual misconduct to a College confidential resource, that person/resource will not disclose to College officials any identifying information about the complainant and respondent, but will provide the Title IX Coordinator with a statistical ‘tracking form’ that includes limited non-identifying information about the incident to permit the College to determine if the incident should be reported among the crime statistics the College is required by Federal law (the Clery Act) to report each year.

Ordinarily, reports made to individuals at the College designated as “confidential resources” will not be shared with law enforcement or any state agencies. However, there are limited exceptions to a confidential resource’s legal ability to keep a report of sexual abuse confidential. For example, Massachusetts law requires the reporting of abuse of minors (under the age of 18). In addition, if someone discloses to a confidential resource information suggesting they or someone else presents an imminent threat or danger to harm themselves or others, confidentiality cannot be maintained. In addition, Massachusetts General Laws chapter 112, §12A 1/2 requires medical personnel to report to the Commonwealth and the police in the town where the rape or sexual assault occurred data concerning any and all cases of rape and sexual abuse where the survivor seeks medical treatment. However, the data that must be reported does not include the survivor’s name, address or other identifying information.

The following Emerson College resources are confidential:

Emerson’s Director of Healing & Advocacy/Survivor Advocate for resources and support. The Director of Healing & Advocacy/Survivor Advocate can be contacted at 617 824 8857. Detailed information about the services provided by the Director of Healing & Advocacy Survivor Advocate are available at www.emerson.edu/social-justice-center/healing-advocacy-collective.

Emerson College Health and Wellness Center for medical assistance. See above College Resources for contact information.

Emerson College Counseling and Psychological Services for counseling assistance. See above College Resources for contact information.

In addition, in order to offer members of the community the option of a seeking confidential support from a campus spiritual advisor, Emerson has designated the College’s Director of Spiritual Life and all College chaplains as confidential campus resources who are not required to share with the Title IX Coordinator or any other College officials reports they receive concerning prohibited conduct. However, if such spiritual advisors do not qualify for clerical privilege under state law, they could be required by law to testify in legal proceedings about the substance of such communications.

D. Time Frame for Reporting

Individuals are encouraged to report sexual misconduct as soon as possible to maximize the College’s and/or law enforcement’s ability to respond promptly and equitably. The College does not limit the timeframe for reporting an incident, and upon receipt of any report, regardless of when incident occurred, the College will conduct a Title IX assessment to determine if an investigation and/or any safety measures are necessary to maintain the community’s safety. However, the College will not be able to impose disciplinary sanctions against an individual who is no longer affiliated with the College.

E. Coordination with Law Enforcement

The College encourages Complainants to pursue criminal action for incidents of sexual misconduct when the incident constitutes a crime under the law of the jurisdiction where the incident occurred. If an individual chooses to report an incident of sexual misconduct to the Emerson College Police Department (ECPD), the Chief of the ECPD, or his/her designee, will notify the law enforcement agency with jurisdiction over the crime of the allegations. To the extent permitted by law, the College will also assist a Complainant in making a criminal report and will cooperate with law enforcement agencies if a Complainant decides to pursue the criminal process.

The College’s definitions of sexual misconduct, and its process and standard of proof for finding a respondent responsible for sexual misconduct differ from those used in criminal prosecutions. Thus, a Complainant may reasonably seek resolution through the College’s complaint process, may pursue criminal action, may choose one but not the other, or may choose to report an incident to both or neither. Law enforcement’s determination whether or not to prosecute a Respondent is not determinative of whether Emerson will conduct a Title IX investigation or conclude that a member of the community has committed sexual misconduct in violation of College policy. However, any criminal disposition related to the Title IX complaint will be taken into consideration in a Title IX investigation. Proceedings under the College’s Sexual Misconduct Policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus. However, the College will, to the extent possible consistent with its obligations to promptly address Title IX complaint, cooperatively work with and coordinate with local law enforcement officers and the prosecutor’s office. For example, the College will comply with law enforcement agency requests for cooperation and such cooperation may require the College to temporarily suspend the fact-finding portion of a Title IX investigations while the law enforcement agency gathers evidence. In such cases, the College will promptly resume its investigation as soon as notified by the law enforcement agency that it has completed its evidence gathering process.

F. Amnesty for Students Who Report Sexual Misconduct

Emerson College encourages reporting and seeks to remove any barriers to reporting by making the procedures for reporting an incident of sexual misconduct (“an incident”) transparent and straightforward. The College recognizes that students who have been drinking or using drugs at the time of an incident also may be hesitant to make a report because of potential disciplinary consequences for their own conduct. Thus, students who report sexual misconduct, either as a Complainant or a third party witness, will not be subject to disciplinary action by the College for their own personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations did not and do not place the health or safety of any other person at risk. The College may, however, initiate an educational discussion or pursue other educational remedies regarding alcohol or other drugs. The amnesty policy applies to the College’s student conduct process which addresses student misconduct other than sexual misconduct subject to this Policy.

G. Bystander Intervention

Emerson College strongly encourages all community members to take reasonable and prudent actions to prevent or stop sexual misconduct, including relationship violence, stalking and sexual assault. Taking action may include directly or indirectly confronting the situation (if it is safe to do so), taking steps to interrupt the situation, or seeking assistance from a person in authority. Community members who choose to exercise this positive moral obligation will be supported by the College and protected from retaliation.

H. Statement Against Retaliation

It is a violation of College policy to retaliate in any way against an individual or a group because the individual or group made a report concerning sexual misconduct, was the subject of such a report, or otherwise participated in the College’s investigation of such a report.

The College recognizes that retaliation can take many forms, may be committed by an individual or a group against an individual or a group, and that a Respondent can also be the subject of retaliation by the Complainant or a third party. The College will take immediate and responsive action to any report of retaliation and may pursue disciplinary action as appropriate. The Title IX Coordinator will review all reports of retaliation and determine whether to impose immediate corrective action or whether to refer the report for investigation pursuant to the processes identified in Appendix A and Appendix B of this policy. In making this determination, the Title IX Coordinator may consult with the Title IX Team or members of the Title IX Team. An individual who in good faith reports sexual misconduct, is the subject of such a report, or otherwise participates in the College’s investigation of such a report may not be subject to retaliation even if the report is later not proven.

I. Interim Measures

Upon receipt of a report, the College will provide interim support and reasonable protective measures to prevent further acts of misconduct, and to provide a safe educational and work environment. The College will determine the necessity and scope of any interim measures. Even when a Complainant or Respondent does not specifically request that protective action be taken, the College may choose to impose interim measures at its discretion to ensure the safety of any individual, the broader College community or the integrity of the review process.

Students seeking such assistance should speak with the Title IX Coordinator or the Director of Healing & Advocacy/Survivor Advocate who will coordinate such requests on the behalf of the student. The College will maintain contact with the parties to ensure that all safety and emotional and physical well-being concerns are being addressed.

All individuals are encouraged to report concerns about failure of another individual to abide by any restrictions imposed by an interim measure. The College will take prompt and responsive action to enforce measures previously ordered or implemented by the College.

The College may impose any remedy that can be tailored to the involved parties to achieve the goals of this policy, even if not specifically listed here. The range of interim measures may include:

No Contact Order: Any party involved in a Title IX investigation (Complainant, Respondent or witness) may request, or the College may impose, communication and contact restrictions to prevent further potentially harmful interaction. These communication and contact restrictions generally preclude in person, telephone, electronic or third party communications. In some cases, an individual may also wish to consider an Abuse Prevention Order or a Harassment Prevention Order from the local courts. This is a civil proceeding independent of the College. If a court order is issued the College will, to the extent possible, assist the protected person in benefiting from the restrictions imposed by the court and will also facilitate on campus compliance with the order. The College may also limit an individual or organization’s access to certain College facilities or activities as part of the no contact order.

Academic, Employment, or Residence Modifications: Any party involved in a Title IX investigation (Complainant or Respondent or witness) may request an academic or employment accommodation or a change in residence after a report of sexual misconduct. An individual who requests assistance in changing their academic or living situation after an incident of sexual misconduct will receive appropriate and reasonably available accommodations. These may include:

Academic accommodations, including a change in class schedule, taking an incomplete, dropping a course without penalty, attending a class via Skype or other alternative means, providing an academic tutor, or extending deadlines for assignments;

Change of residence hall assignment;

Change in work assignment or schedule;

Providing an escort to ensure safe movement between classes and activities.

Emotional Support: The College provides counseling services to students through Emerson’s Counseling and Psychological Services (ECAPS) and ECAPS will assist any member of community by providing a referral to off campus mental health providers. The College’s Director of Healing & Advocacy/Survivor Advocate, and additional resources detailed in the Campus and Community Resources section of this policy also are available to members of the campus community.

Interim Separation: Where the report of sexual misconduct poses an ongoing risk of harm to the safety or well-being of an individual or members of the campus community, the College may place an individual or organization on interim suspension or impose leave for an employee. Pending resolution of the complaint, the individual or organization may be denied access to campus. When interim suspension or leave is imposed, the College will make reasonable efforts to complete the investigation and resolution within an expedited time frame.

Violations of Interim Measures: The Title IX Coordinator will review all reports of violations of interim measures and determine whether to impose corrective action for the reported violations of the interim measures. In making this determination, the Title IX Coordinator may consult with the Title IX Team or members of the Title IX Team. Corrective action for violation of interim measures may include, but it not limited to, suspension or dismissal from the College or suspension or termination of employment or other contractual or business relationship with the College, or any other further disciplinary measures deemed appropriate by the College.

VI. Title IX Complaint Process

A. Role of the Title IX Coordinator

The College has appointed Pamela White, Office of Diversity & Inclusion, to serve as the Title IX Coordinator. In her role as Title IX Coordinator, and a member of the Title IX Team, White oversees the College’s centralized review, investigation and resolution process for reports of sexual misconduct. She also coordinates the College’s compliance with Title IX. Pamela White is supported by several College administrators who serve as Deputy Title IX Coordinators.

The duties and responsibilities of the Title IX and Deputy Title IX Coordinators include training, education and climate checks as well as the oversight of procedures that promptly and equitably eliminate sexual harassment, prevent its recurrence and address its effects on individuals and our community. The Title IX and Deputy Title IX Coordinators will:

Oversee the investigation and resolution of all reports of sexual misconduct;

Meet with any individual, whether a Complainant, a Respondent, or a third party, to discuss interim measures, resources, and procedural options on and off campus;

Ensure prompt and equitable resolutions that comply with all requirements and timeframes specified in the complaint procedures;

Participate in assessment of on-going and annual climate checks, tracking, and monitoring of sexual misconduct allegations on campus; and,

Participate in the Department of Healing and Advocacy’s campus training, education and prevention efforts.

The Title IX Coordinator leads an interdepartmental team, the Title IX Team, that meets periodically during the academic year. The Title IX Team is designed to ensure consistent application of this policy to all individuals and to enable the College to respond promptly and equitably to eliminate sexual misconduct, prevent its recurrence and address its effects. The Title IX Team coordinates the review, investigation and resolution of reports of sexual misconduct and ensures that appropriate interim measures are implemented. Members of the Title IX Team include: the Title IX Coordinator, the Deputy Title IX Coordinators, the Dean of Students, the Director of Student Conduct, the Senior Associate Vice President/ Chief Human Resources Officer, the Chief of Emerson College Police, the Title IX Investigator(s) employed or retained by the College, and others as may be deemed necessary by the Title IX Coordinator. The Title IX Coordinator will regularly invite to all Title IX Team meetings representative(s) from the Office of Healing & Advocacy Collective to solicit its expertise. However, Healing & Advocacy, as a confidential resource, will not disclose to the Title IX Team or to any other College officials whether they have consulted with individuals in confidence concerning matters under discussion, or any information they may have learned as a result of such confidential communications.

As stated above, the resolution process for addressing reports of sexual misconduct will be determined by the role of the Respondent:

Reports against students will be resolved by the Process for Resolving Reports of Sexual Misconduct Against Emerson Students, attached hereto as Appendix A.

Reports against employees will be resolved by the Process for Resolving Reports of Sexual Misconduct Against Emerson Faculty, Staff, and Emerson-Affiliated Third Parties, attached hereto as Appendix B.

Each process is guided by the same principles of fairness and respect for all parties. Resources are available for both students and employees, whether as Complainants or Respondents, to provide guidance throughout the investigation and resolution of the complaint.

The Title IX Team is further charged with assessing College policies and procedures for responding to reports of sexual misconduct, for compliance with best practices, and proposing and implementing changes when warranted. Contact information for the Title IX and Deputy Title IX Coordinators and the Title IX team is attached in Appendix C.

B. Time Frame for Resolution

The investigation and resolution of all reports of sexual misconduct will generally be completed within 60 to 90 days. Extenuating circumstances, including, but not limited to, the complexity and severity of a report may require the process to extend beyond 60 to 90 days. In general, a Complainant and Respondent can expect to receive periodic updates from the Title IX Coordinator and/or Investigator as to the status of the investigation and resolution.

In the event that the investigation and resolution exceed this time frame, the College will notify all parties of the need for additional time and best efforts will be made to complete the process in a timely manner.

[1] The College reserves the right to amend or modify this Policy at any time.

[2] The College will review all reports that vendors, independent contractors, visitors, and others who conduct business with the College or on College property have engaged in conduct prohibited by this policy, and retains the right and discretion to take corrective action in response to such reports, up to, and including, barring the individual who is the subject of the report from College property or ending the subject of the report’s contractual or other relationship with the College. The College retains discretion to decide how to resolve reports concerning vendors, independent contractors, visitors, and others who conduct business with the College or on College property, and is not required to follow the investigative process described in Appendix A or Appendix B of this policy in resolving such reports.

[3] The Department of Education, Office for Civil Rights (“OCR”) has issued guidance that “responsible employees” are obligated to report incidents of sexual violence to the Title IX Coordinator. For the purposes of this policy, Emerson considers all employees, other than those designated by the College as Confidential Resources, to be “responsible employees” who must report to the Title IX Coordinator information that a member of the Emerson community may have committed sexual misconduct.

APPENDIX A

Process for Resolving Reports of Sexual Misconduct Against Emerson Students[1]

The College will determine whether a student is responsible for sexual misconduct as it is defined in the Emerson College Sexual Misconduct Policy, and what if any safety measures and/or disciplinary sanctions are appropriate, in accordance with the procedures described below:

I. Initiating a Title IX Investigation

A. Formal Report

Any individual may initiate a Title IX investigation by Emerson College against a student member of the community for violation of the Emerson College Sexual Misconduct Policy by submitting in writing to the Title IX Coordinator or a Deputy Title IX Coordinator, a report that includes the following information:

The name of the student respondent (“respondent”), or if her/his/their name is unknown, information sufficient to allow the College to identify the respondent, such as her/his/their photograph;

A statement explaining the nature and circumstances of the report including a list of possible witnesses; and

The names, addresses and telephone numbers of those making the report.

The report must be signed by the individual initiating the report (“complainant”).

Formal reports will result in a Title IX investigation to determine, pursuant to a preponderance of evidence standard of proof, whether the respondent violated any provisions of the Sexual Misconduct Policy.

If a complainant withdraws her/his/their report, the Title IX Coordinator will assess whether sufficient evidence of sexual misconduct exists to support completing an investigation. Among the factors the Title IX Coordinator will consider in making this determination is whether prior reports by the complainant or others have been made against the respondent. The College’s decision to proceed in investigating a student member of the community when the complainant has withdrawn the report shall be made by the Title IX Coordinator in his or her sole discretion, but will take the complainant's wishes into consideration. If the Title IX Coordinator determines that no action will be taken against the respondent because the complainant has withdrawn her/his/their report, a file concerning the withdrawn report will be maintained by the Title IX Coordinator, so that the matter can be re-opened if, among other things, the complainant later decides to reinitiate the report, or if independent evidence of sexual misconduct by the respondent comes to the College’s attention, which the Title IX Coordinator determines warrants re-opening the investigation. If a respondent admits to a violation, the Title IX Coordinator in his or her discretion may forego an investigation and refer the matter directly to the sanction process, described below in Section III.

Timeframe for Submitting a Formal Report: The College does not limit the timeframe for submitting a report. However, complainants are encouraged to submit the report as soon as possible in order to maximize the College’s ability to investigate and come to an appropriate resolution. The College will not be able to pursue disciplinary action against a respondent who is no longer affiliated with the College.

B. Incomplete and Unofficial Reports

Any individual may also report that a student member of the community engaged in behavior prohibited by the Sexual Misconduct Policy by bringing the report to the attention of the Title IX Coordinator, any member of the Title IX Team, or any employee who has been designated by the College as a campus security authority (“CSA”) including but not limited to, verbal, or informal reports.[2]

When the Title IX Coordinator receives a report that an Emerson student has engaged in prohibited conduct, but the report does not meet the requirements of a formal report, the College’s Title IX Coordinator or designee, alone, or in coordination with the Title IX Team, will determine what steps should be taken to gather additional information. Thereafter, the Title IX Coordinator will direct the gathering of the additional information.

Once all available additional information has been obtained, it will be evaluated by the Title IX Coordinator who will decide whether an investigation in accordance with the process described in Part II below is warranted. In making this decision, the Title IX Coordinator will consider the wishes of the person(s) reported to have been harmed by the respondent (the “reported survivor”), as well as the risk that declining to investigate might jeopardize the safety of the reported survivors or any member(s) of the Emerson community. If the Title IX Coordinator decides that an investigation is warranted as a result of an incomplete or informal report, the respondent will be notified that the College has elected to proceed with the investigation of the report on its own initiative and the investigation will proceed without a complainant. If the College initiates an investigation against a respondent as a result of an incomplete or informal report, the reported survivor(s) may choose whether to participate in the investigation, for example by serving as a witness.

C. Interim Measures

Upon receipt of a formal or an incomplete or unofficial report, the Title IX Coordinator, independently or in consultation with the Title IX Team or members of the Title IX Team, shall put reasonable interim measures in place, if warranted and appropriate. Interim measures may include, but are not limited to, no-contact orders, suspensions, and academic, residence, and work place accommodations. Any member of the community who is involved in a Title IX investigation (complainant, respondent and/or witnesses) may request interim measures, either by making a direct request to the Title IX Coordinator, or through the College’s Director of Healing & Advocacy and/or Survivor Advocate. In addition, the Title IX Coordinator may impose interim measures independently, absent any request, if the Title IX Coordinator deems doing so in the best interest of the community.

II. Investigation and Findings Process

When the Title IX Coordinator concludes that a report of sexual misconduct should be investigated, the Title IX Coordinator will appoint a Title IX investigator.

The Title IX investigator shall investigate the report and make (i) findings of fact and (ii) recommended findings as to whether the respondent violated any provision of the Emerson College Sexual Misconduct Policy. The standard of proof shall be by a preponderance of the evidence.

The Title IX Coordinator will meet with the complainant[3] and respondent individually and:

Provide each with written notification of the allegations of misconduct under investigation, which shall include, to the extent then known, a reference to any specific provisions of the Emerson College Sexual Misconduct Policy allegedly violated;

Inform each that a Title IX investigator has been appointed who will be investigating the report;

Identify the Title IX investigator by name to each;

Advise each that any behavior that can be construed as retaliation against the complainant, respondent, or witnesses will be subject to immediate disciplinary action, up to, and including, suspension or dismissal from the College;

Provide each with a copy of the Emerson College Sexual Misconduct Policy and advise each to read it carefully;

Provide each with a copy of the Student Sexual Misconduct Complaint Process and advise each to read it carefully;

Advise each that they may speak to the Title IX Coordinator at any time during the investigation if they have questions about the Emerson College Sexual Misconduct Policy or the Student Sexual Misconduct Report Process;

Advise each that they may have one advisor present whenever they meet with the Title IX investigator, and that this advisor may be an attorney. Emerson will not supply any individual involved in a college investigation with an attorney or pay for him or her to retain an attorney. Any advisor or attorney who accompanies a complainant or respondent to a meeting with the Title IX investigator may attend that meeting solely for consultation purposes and may not pose or answer questions. If a respondent, or a complainant who is a member of the Emerson community does not have an advisor, Emerson will provide them with a list of Emerson faculty or staff who have volunteered to act as an advisor to parties involved in the Title IX investigative process;

Advise each that each will be permitted to submit a list of witnesses to the Title IX investigator;

Advise each that each will be permitted to submit relevant documentary evidence to the Title IX investigator (e.g., texts, e-mails, photographs);

Advise each of confidential resources, including advocates, health care providers, and counseling services, on campus and in the local community;

Advise each of the importance of preservation of evidence (e.g., texts, e-mails, notes, photograph, etc.);

Advise each of their option to request that the College take steps to prevent unnecessary or unwelcome contact or communication with another member of the Emerson community;

Advise the complainant of her/his/their option to pursue a criminal report or complaint action against the respondent working with local police in addition to pursuing remedies and/or sanctions through College processes, or to seek a court order of protection/restraining order;

Advise the complainant that the Emerson Police Department and/or the Director of Healing & Advocacy and/or Survivor Advocate are available to assist them in contacting and communicating with local police, or in seeking court orders of protection/restraining orders.

Thereafter, the Title IX investigator shall interview the complainant (if possible) and summarize the interview in a written statement that shall be provided to the complainant for her/his/their review and comment. The Title IX investigator shall review any comments that are submitted and incorporate relevant and clarifying comments into the complainant’s statement. Comments that conflict significantly with information previously submitted by complainant should be noted.

The Title IX investigator shall ask the complainant for names, addresses, and other contact information (e.g., phone numbers and/or e-mail addresses) of witnesses.

The Title IX investigator shall interview the respondent (if possible) and summarize the interview in a written statement that is provided to the respondent for her/his/their review and comment. The investigator shall review any comments that are submitted and incorporate relevant and clarifying comments into the statement. Comments that conflict significantly with information previously submitted by the respondent should be noted. As a part of this process, the Title IX investigator shall assess if interim measures not already implemented are appropriate and, if so, work with the Title IX Coordinator to ensure they are in place.

The Title IX investigator shall ask the respondent for names, addresses, and other contact information (e.g., phone numbers and/or e-mail addresses) of witnesses.

The Title IX investigator shall review College records to assess whether any other allegations have been made against the respondent that relate to violations of the Sexual Misconduct Policy. The respondent will be provided with a copy of any prior disciplinary record that relates to the subject of the complaint.

The Title IX investigator shall make reasonable attempts to interview any relevant witnesses identified by the complainant or respondent, or identified by witnesses or any other source, and produce written summaries of such witnesses’ statements. These summaries, as well as the summaries of the complainant’s and the respondent’s statements, shall form the basis of the written report.

The Title IX investigator shall review any documentary evidence submitted by the complainant or the respondent (e.g., texts, emails, photographs, etc.). The Title IX investigator shall describe his/her determinations concerning the relevance of the documentary evidence in the written report, and append (and redact, if necessary) submitted evidence, as appropriate.

The Title IX investigator shall gather and assess any other relevant evidence available to the College (e.g., additional witnesses not identified by the parties, security camera footage, respondent’s disciplinary history, expert review of medical records). Relevant information reviewed by the Title IX investigator shall be described in the written report and appended (and redacted, if necessary), as appropriate.

After reviewing any witness statements, documentary evidence and other relevant evidence as noted in 8, 9, 10, and 11 above, the Title IX investigator will, when possible, conduct follow-up interviews with the complainant and respondent and supplement the complainant and respondent interview reports as necessary.

At the conclusion of the investigation, but before any findings are reached by the Title IX investigator, the Title IX investigator shall submit the draft report (with a summary of evidence and attachments, but without findings) to the Title IX Coordinator for review. The Title IX Coordinator may suggest additional clarification or the gathering of additional evidence, as appropriate.

The Title IX investigator shall permit both the complainant and respondent and their respective advisors to review a copy of the draft report (still without findings, but as revised consistent with any suggestions from the Title IX Coordinator) under the supervision of a College employee in the Title IX Coordinator's or Title IX investigator's office and then provide any clarifications or comments they may wish to offer.

Neither the complainant nor the respondent will be permitted to copy or remove the draft written report from the Title IX Coordinator's or Title IX investigator's office. Relevant and clarifying comments provided by either party will be incorporated into the draft report by the Title IX investigator in his/her discretion in consultation with the Title IX Coordinator, and the Title IX investigator will note any significant deviations from previous statements. If the complainant and/or respondent identify additional relevant evidence, that evidence shall be gathered by the Title IX investigator and included in the written report. Depending on the nature of the new evidence, it may be shared with the complainant and the respondent for comment.

The Title IX investigator shall revise the draft report to summarize all relevant evidence obtained during the investigation, and reach written recommendations using a preponderance of the evidence standard, as to whether the respondent should be found to have violated any provision(s) of the Emerson College Sexual Misconduct Policy.

The Title IX investigator will submit the revised draft report including recommended conclusions to the Title IX Coordinator.

The Title IX investigator’s recommended conclusion(s) should be explained clearly and address each element necessary to establish whether the respondent violated the Sexual Misconduct Policy so that the reader understands how the Title IX investigator reached his/her recommended conclusion in light of the available evidence and the standard of proof.

The Title IX Coordinator may offer feedback, which should be incorporated into the final draft, if applicable. The Title IX investigator shall revise the draft report to reflect the Title IX Coordinator’s feedback, and the investigator shall resubmit his or her revised final draft to the Title IX Coordinator.

Upon receipt of the Title IX investigator’s final draft report, the Title IX Coordinator shall determine whether or not the respondent violated the Sexual Misconduct Policy based on the preponderance of the evidence and update the report to reflect the decision the Title IX Coordinator determines is warranted.

The Title IX Coordinator shall then submit the final draft investigative report to the Office of the General Counsel (“OGC”) for review and advice.

After the OGC’s comments, if any, are considered by the Title IX Coordinator, the Title IX Coordinator and/or the Title IX investigator should finalize the investigative report. Once the Title IX Coordinator determines that the report is final, the Title IX Coordinator should submit it to the Director of Student Conduct.

Within two (2) business days of receiving the Title IX report, the Director of Student Conduct or the Assistant Director of Student Conduct (hereinafter collectively “Director of Student Conduct”) will issue letters to the complainant and respondent informing them of the Title IX investigator’s findings concerning whether the respondent violated any provision of the Emerson College Sexual Misconduct Policy. This communication shall be delivered to the complainant and the respondent via campus mail, certified mail, return receipt requested, or hand delivery, and also by electronic mail.

If the respondent was found not responsible for any alleged misconduct, the Director of Student Conduct’s letter to both parties will inform them of the complainant’s right to appeal that decision on the grounds of either: (a) a lack of fairness in the procedures or process used to investigate the complaint that may alter the outcome of the investigation; or (b) significant new information (previously unknown) that has been revealed or discovered which materially alter the facts of the matter and may alter the outcome of the investigation. The appeals process is set forth below in Section IV.

If the respondent was found to have violated any provision of the College’s Sexual Misconduct Policy, the letter will notify both parties of those findings and provide them with information relating to the sanctions process described below in Section III.

Regardless of the findings, the Director of Student Conduct shall present both parties with an individual opportunity to review the Title IX investigator’s final report, with their advisor present, in the presence of the Director of Student Conduct or designee.

If the respondent was found to have violated any provision of the College’s Sexual Misconduct Policy, the Director of Student Conduct shall convene a prospective Sanctions Panel.

The prospective Sanctions Panel shall consist of three members of the faculty or administration, or any combination thereof. The Sanctions Panel shall be chaired by a senior College administrator (“the Chair”), who shall not vote regarding sanctions but who shall oversee the Panel’s proceedings.

The names of the complainant and the respondent shall be disclosed to the prospective panel members before they receive the Title IX report and findings. Each prospective panel member shall be separately and privately asked by the Director of Student Conduct whether he or she has any real or perceived conflict of interest which would disqualify them from serving on the panel. If the answer is affirmative for any prospective member, that member shall be replaced.

Once a panel is selected, the names of those panel members shall be disclosed in writing to the complainant and the respondent. Each party shall be given two business days to inform the Director of Student Conduct if they believe there is a conflict of interest which would disqualify any proposed panel member from sitting on the panel. If the answer is affirmative, the Director of Student Conduct shall evaluate the conflict of interest and decide, in his or her sole discretion, whether the conflict of interest disqualifies the panelist. If so, the panelist shall be replaced and the process will be repeated until a three member panel has been selected.

The complainant and the respondent shall each have two business days from the date they review the Title IX investigator's report and findings to submit a written impact statement. The written impact statements are intended to be an opportunity for the impacted parties to inform the panel of relevant information which should be considered by the panel in determining the appropriate sanction, including, but not limited to, how this incident has affected them, and whether they believe any facts or mitigating circumstances warrant leniency or enhanced penalties. The written impact statement may not seek to introduce new evidence or to challenge the investigative findings. The written impact statement must be submitted directly to the Director of Student Conduct. The Director of Student Conduct will review the written impact statement for compliance with the requirements of this paragraph. If the Director of Student Conduct determines that a party’s written impact statement does not comply, in whole or in part, with this paragraph because it seeks to introduce new evidence or to challenge the investigative findings, the Director of Student Conduct may, in the Director’s sole discretion, determine that the written impact statement, or portions of the written impact statement, will not be shared with the Sanctions Panel.

No later than three (3) business days after the date when the written impact statements were due, the Director of Student Conduct shall convene the Sanctions Panel, chaired by a senior College administrator (“the Chair”). The Chair shall deliver to the panel members for their consideration the following documents: i) copy of the final Title IX investigative report, ii) a copy of the respondent's prior disciplinary record, if any, and iii) a copy of any written impact statements the Director of Conduct approved for consideration by the panelists. The Chair will oversee the proceedings. Before the panelists begin their review of such documents, the Chair will instruct the panelists that they are not to challenge or re-examine the findings of fact or responsibility in the final Title IX investigative report, but should focus their review and deliberations solely on the issue of what if any corrective actions they believe are most appropriate to achieve the College’s goals of punishing and deterring the respondent’s misconduct and enhancing the safety of the community.

The panel, following deliberations, shall recommend in writing the corrective actions to be imposed on the respondent, and the panel’s basis for that recommendation. The panel shall complete its written recommendation within two (2) business days of the date the panel completes its deliberations.

The Chair shall promptly provide to the Director of Student Conduct a copy of all materials presented to the panel, as well as the panel’s written sanction recommendation. Within two (2) business days of receipt of these materials, the Director shall either accept the panel’s sanction recommendation as its final written decision, or ask the panel to reconsider its recommendation. The Director may ask the panel to reconsider its recommendation if the Director of Student Conduct believes that said recommendation is significantly inconsistent with sanctions imposed for similarly serious infractions or does not adequately take into account the respondent’s prior disciplinary record. If the Director asks the panel to reconsider its recommendation, the panel shall issue an updated decision concerning sanctions to the Director within two (2) business days.

The Director of Student Conduct shall, within two business days of the date the panel issues its final written decision, advise the Title IX Coordinator, and respondent, in writing, of all sanctions imposed (“the sanction decision”) and shall advise the complainant of the sanctions imposed in accordance with applicable law. This communication from the Director of Student Conduct shall also inform the complainant and the respondent of their right of appeal. The Director of Student Conduct shall send this communication to the complainant and the respondent via campus mail, certified mail return receipt requested, or hand delivery, and also by electronic mail (read receipt requested).

IV. Appeal

The complainant shall have seven calendar days after receiving notice that the College found the respondent has not violated Emerson College’s Sexual Misconduct Policy to submit a written appeal to the Dean of Students. Both the complainant and the respondent shall have seven calendar days after receiving notice of the sanctions decision to submit a written appeal to the Dean of Students. The grounds for appeal are: (a) a lack of fairness in the procedures or process that may alter the outcome; or (b) significant new information (previously unknown) that has been revealed or discovered which materially alter the facts of the matter and may alter the outcome. Absent extenuating or unusual circumstances, the Dean of Students shall notify the parties within ten calendar days whether the appeal has been granted or rejected.

If the Dean of Students grants an appeal, the Dean shall determine the next steps in his/her/their sole discretion. Next steps may include, but are not limited to, a remand to the Title IX investigator or Title IX Coordinator for additional investigation, or remand to a new sanctioning panel.

V. Reservation of Rights

Emerson College expressly reserves its right to bring charges against any student, under the Student Conduct Process, for misconduct which does not constitute a violation of the Emerson College Sexual Misconduct Policy. When a student is reported to have engaged in both sexual misconduct and other types of misconduct, the College will ordinarily review the reported sexual misconduct and other types of misconduct pursuant to the Process for Resolving Reports of Sexual Misconduct Against Emerson Students. The Title IX investigator will investigate the reported other types of misconduct and the final Title IX investigative report will reach conclusions concerning whether the respondent violated the Sexual Misconduct Policy and any other sections of the Student Code of Conduct using a preponderance of the evidence standard. If the Title IX report concludes that the respondent violated the Sexual Misconduct Policy and any other sections of the Student Code of Conduct, the Sanctions Panel will determine the sanctions for all misconduct in accordance with the process described in Part III of the Process for Resolving Reports of Sexual Misconduct Against Emerson Students. If the Title IX report concludes that the respondent did not violate the Sexual Misconduct Policy, but that the respondent did violate other sections of the Student Code of Conduct, the Title IX report will be referred to the Director of Student Conduct for resolution in accordance with the Administrative Hearing Process set forth in the Student Code of Conduct.

VI. Amnesty

Emerson College seeks to remove any barriers to reporting incidents of sexual misconduct by making the procedures for reporting such incidents transparent and straightforward. The College recognizes that a student who has been drinking or using drugs at the time he/she/they is harmed by sexual misconduct or witnesses another person engaging in sexual misconduct may be hesitant to make a report concerning such sexual misconduct because of potential disciplinary consequences for his/her/their own conduct. Any Emerson student who reports sexual misconduct, either as a complainant or a third party witness, will not be subject to disciplinary action by the College for his/her/their own personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations did not and do not place the health or safety of any other person at risk. The College may, however, initiate an educational discussion or pursue other educational remedies regarding alcohol or other drugs. The amnesty policy applies to the College's student conduct process.

VII. Withdrawal of Respondent from Emerson College

If a respondent withdraws from the College while a Title IX investigation is pending, or after she/he has been found responsible for sexual misconduct, but before a final sanctioning decision was reached, the respondent's transcript will reflect that the student withdrew – and include the notation “pending disciplinary.”

[1] The College reserves the right to amend or modify this Process depending on the circumstances. This includes, but is not limited to, the College’s right to modify this Process in unusual circumstances including, but is not limited to, when a complainant withdraws a complaint or a respondent admits responsibility.

[2] In accordance with the Clery Act, the College defines a CSA to include any member of the Emerson College Police Department; any individual who has responsibility for campus security, but who is not a member of the Emerson College Police Department; any individual identified by the College as someone to whom a crime should be reported; and any College official who has significant responsibility for student and campus activities.

[3] Investigations following the Title IX Coordinator’s review of an incomplete or unofficial report may proceed without a complainant as discussed in Part I B above. In such circumstances, the respondent will be notified that the College has elected to proceed with the investigation of the report on its own initiative.

[4] Time periods in the sanctions process are calculated pursuant to business days, which refers to those days that the College is open for business. All dates when the College is officially closed for business, including, but not limited to, holidays, are excluded from the calculation of business days. In addition, all time periods in the Sanctions Process may be extended by the College in extenuating or unusual circumstances.

Appendix B

Process for Resolving Reports of Sexual Misconduct Against Emerson Faculty, Staff, and Emerson-Affiliated Third Parties[1]

Emerson College (“Emerson” or the “College”) will determine whether a member of the College’s faculty or staff is responsible for sexual misconduct, as it is defined in the Emerson College Sexual Misconduct Policy, and what if any safety measures and/or disciplinary or employment actions by the College are appropriate, in accordance with the Process described below in Appendix B under most circumstances. Reports that an Emerson student has violated the College’s Sexual Misconduct Policy are reviewed in accordance with the Process for Resolving Reports of Sexual Misconduct Against Emerson Students. See Appendix A to Emerson College Sexual Misconduct Policy, www.emerson.edu/policies/sexual-misconduct.

Emerson faculty, staff, and Emerson affiliated third parties, such as vendors and contractors (“third party” or “third parties”) are required to cooperate fully in the College’s investigation of a report that any member of the College community has violated the College’s Sexual Misconduct Policy. An employee’s or third party’s failure to cooperate in the College’s investigation of alleged discrimination or harassment, including, but not limited to, alleged violations of the College Sexual Misconduct Policy, may result in disciplinary action being taken against that employee or third party, up to, and including, termination of employment or other contract or relationship with the College. The College strictly prohibits retaliation against any member of the Emerson community for reporting a violation of the College’s Sexual Misconduct Policy, or for participating in an investigation of such a report. Any individual found by the College to have engaged in retaliation against another party for reporting or participating in the College’s investigation of a reported violation of the College’s Sexual Misconduct Policy will be subject to immediate disciplinary action, up to, and including, termination of employment or other contract or relationship with the College.

The Title IX Coordinator will assess all reports the Coordinator receives that an Emerson-affiliated third party violated Emerson’s Sexual Misconduct Policy and determine, in the Title IX Coordinator’s sole discretion, if sufficient information exists to take corrective action in response to the report, including, but not limited to, banning the Emerson-affiliated third party from College property or ending the Emerson-affiliated third party’s employment or other contract or relationship with the College. In making this determination, the Title IX Coordinator may consult with the Title IX Team or members of the Title IX Team, the Senior Associate Vice President/ Chief Human Resources Officer, and the Emerson-affiliated third party’s supervisor, dean, department head, or other appropriate official as determined in the discretion of the Title IX Coordinator. Emerson College need not apply the processes set forth in Appendix B to resolve reports received concerning Emerson affiliated third parties. However, the Title IX Coordinator may determine, in the Coordinator’s sole discretion, that circumstances warrant that a report that an Emerson-affiliated third party violated Emerson’s Sexual Misconduct Policy be resolved pursuant to the Process for Resolving Reports of Sexual Misconduct Against Faculty or Staff below. In making this determination, the Title IX Coordinator may consult with the Title IX Team or members of the Title IX Team, the Senior Associate Vice President/ Chief Human Resources Officer, and the Emerson-affiliated third party’s supervisor, dean, department head, or other appropriate official as determined in the discretion of the Title IX Coordinator. If the Title IX Coordinator determines that a report that an Emerson-affiliated third party violated Emerson’s Sexual Misconduct Policy will be investigated and resolved by the College pursuant to the Process for Resolving Reports of Sexual Misconduct Against Faculty or Staff, the Emerson-affiliated third party’s supervisor, dean, department head, or other appropriate official as determined in the discretion of the Title IX Coordinator will serve as the Reviewing Administrator identified in Part I of the Process for Resolving Reports of Sexual Misconduct Against Faculty or Staff.

Upon receipt of a report that an Emerson employee or Emerson-affiliated third party engaged in conduct prohibited by the Emerson College Sexual Misconduct Policy, or at any time during a College investigation into a report of a violation of the Emerson Sexual Misconduct Policy, the Title IX Coordinator, in consultation with the Title IX Team or members of the Title IX Team, shall put interim measures in place, if warranted and appropriate. Interim measures may include, but are not limited to, no-contact orders, suspensions, and work place accommodations. Any member of the College community who is involved in a Title IX investigation (complainant, respondent and/or witnesses) may request interim measures, either by making a direct request to the Title IX Coordinator, or through the College’s Director of Healing & Advocacy and/or Survivor Advocate. In addition, the Title IX Coordinator may impose interim measures independently, absent any request, if he/she deems doing so in the best interest of the community. Interim measures are not disciplinary in nature, but simply administrative measures taken to ensure the safety and wellbeing of the community until investigation has been completed.

Process for Resolving Reports of Sexual Misconduct Against Faculty or Staff

I. Initial Screening Procedure

Under most circumstances, this Process will apply for investigation and resolution of reports that faculty or staff violated Emerson’s Sexual Misconduct Policy. However, depending upon the facts and circumstances of any particular report, the College, in its discretion and judgment, may determine that a report that faculty or staff violated Emerson’s Sexual Misconduct Policy will be investigated and resolved by the College in a less formal manner than set forth in this Process, and may also take interim actions as it deems appropriate to address the safety and protection of the College community. In making the determination of whether to proceed under this formal Process or under a less formal process, the Title IX Coordinator, in consultation with the appropriate Reviewing Administrator identified in Section II.A. of this Process, will consider, among other factors, the seriousness of the allegation, whether prior complaints by the complainant or others have been made against the member of the faculty or staff, and any other relevant circumstances. To make this determination, the Title IX Coordinator, in his or her discretion and judgment, may also consult with the Title IX Team or members of the Title IX Team.

If the Title IX Coordinator determines that a report should proceed in a less formal manner this Process, the Title IX Coordinator may, in the Title IX Coordinator’s discretion and judgment in consultation with the Title IX Team or members of the Title IX Team and the Reviewing Administrator identified in Section II.A. of this Process, thereafter commence this Process if, among other things, further evidence of sexual misconduct comes to the College’s attention.

II. Initiating an Investigation

A. Formal Report

Any individual may initiate an investigation by Emerson College concerning whether a member of the College’s faculty or staff has violated the College’s Sexual Misconduct Policy by submitting in writing to the Title IX Coordinator or a Deputy Title IX Coordinator, a formal report that includes the following information:

The name of the faculty or staff member (“respondent”), or if his/her/their name is unknown, information sufficient to allow the College to identify the respondent, such as his/her/their photograph;

A statement explaining the nature and circumstances of the complaint including a list of possible witnesses; and

The names, addresses and telephone numbers of those filing the complaint.

The Complaint must be signed by the individual initiating the complaint (“complainant”).

Upon receipt of such a formal report, the Title IX Coordinator will provide a copy to the following College administrators, as applicable:

Emerson College Faculty: The dean of the faculty member’s school. If the report involves the dean of a school, the formal complaint will be forwarded to the Associate Vice President for Faculty Affairs.

Emerson College Staff: The Senior Associate Vice President/ Chief Human Resources Officer. If the report involves the Senior Associate Vice President/ Chief Human Resources Officer, the formal complaint will be forwarded to the Vice President for Administration and Finance.

The College administrators identified above are hereinafter referred to as the Reviewing Administrator.

The Title IX Coordinator, in consultation with the Reviewing Administrator and the Title IX Team or members of the Title IX Team will determine whether some or all of the allegations will be handled at the School or department level, or whether the Title IX Coordinator will initiate a Title IX investigation.[2]

If a complainant withdraws her/his/their report, the Title IX Coordinator will assess, in consultation with the Reviewing Administrator, whether sufficient evidence of misconduct exists to support completing an investigation. Among the factors the Title IX Coordinator will consider in making this determination is whether prior complaints by the complainant or others have been made against the respondent. The College’s decision to proceed in investigating a respondent when the complainant has withdrawn the complaint shall be made by the Title IX Coordinator in his or her sole discretion, but will take the complainant's wishes into consideration. If the Title IX Coordinator determines that no investigation will be initiated against the respondent because the complainant has withdrawn her/his/their complaint, a file concerning the withdrawn complaint will be maintained by the Title IX Coordinator, so that the matter can be re-opened if, among other things, the complainant later decides to reinitiate the complaint, or if independent evidence of sexual misconduct by the respondent comes to the College’s attention, which the Title IX Coordinator determines warrants re-opening the investigation. If a respondent admits to the conduct, and if the Title IX Coordinator determines that the conduct constitutes a violation, the Title IX Coordinator, in the Title IX Coordinator’s discretion, may forego an investigation and refer the matter directly to the disciplinary process, described below in Section III.

Timeframe for Submitting a Formal Report: The College does not limit the timeframe for submitting a report. However, complainants are encouraged to file as soon as possible in order to maximize the College’s ability to investigate and come to an appropriate resolution. The College will not be able to pursue disciplinary action against a respondent who is no longer affiliated with the College.

B. Incomplete and Unofficial Reports

Any individual may also report a sexual misconduct incident involving a member of the College’s faculty, staff or third party by bringing the report to the attention of the Title IX Coordinator, any member of the Title IX Team, or any employee who has been designated by the College as a campus security authority (“CSA”), including, but not limited to, verbal or informal reports[3]. Emerson College CSAs include, but are not limited to: staff in the Office of the Dean of Students, staff in the Office of Human Resources, employees in Residence Life, and staff in the Office of Diversity & Inclusion.

When the Title IX Coordinator receives a report that a member of the College’s faculty or staff has engaged in conduct prohibited by the Sexual Misconduct Policy, but the report does not meet the requirements of a formal report, the College’s Title IX Coordinator or designee, alone, or in coordination with the Title IX Team, will determine what steps should be taken to gather additional information. Thereafter, the Title IX Coordinator will direct the gathering of the additional information.

Once all available additional information has been obtained, it will be evaluated by the Title IX Coordinator who will decide whether an investigation in accordance with the process described in Part III below is warranted in consultation with the Title IX Team or members of the Title IX Team and the Reviewing Administrator. In making this decision, the Title IX Coordinator will consider the wishes of the person(s) reported to have been harmed by the respondent (the “reported survivor”), as well as the risk that declining to investigate might jeopardize the safety of the complainant or any member(s) of the Emerson community. If the Title IX Coordinator decides that an investigation is warranted as a result of an incomplete or informal report, the respondent will be notified that the College has elected to proceed with the investigation of the report on its own initiative and the investigation will proceed without a complainant. If the College initiates an investigation against a respondent as a result of an incomplete or informal report, the reported survivor(s) may choose whether to participate in the investigation, for example by serving as a witness.

C. Interim Measures

Upon receipt of a formal or incomplete or unofficial report, or at any time during a College investigation into a report of a violation of the Emerson Sexual Misconduct Policy, the Title IX Coordinator, in consultation with the Title IX Team or members of the Title IX Team, shall put interim measures in place, if warranted and appropriate. Interim measures may include, but are not limited to, no-contact orders, suspensions, and work place accommodations. Any member of the College community who is involved in a Title IX investigation (complainant, respondent and/or witnesses) may request interim measures, either by making a direct request to the Title IX Coordinator, or through the College’s Director of Healing & Advocacy and/or Survivor Advocate. In addition, the Title IX Coordinator may impose interim measures independently, absent any request, if he/she deems doing so in the best interest of the community. Interim measures are not disciplinary in nature, but simply administrative measures taken to ensure the safety and wellbeing of the community until investigation has been completed. Any interim suspensions of employment will be paid time off.

III. Title IX Investigation and Findings Process

When the Reviewing Administrator and Title IX Coordinator conclude that a report warrants a Title IX Investigation, the following steps will generally be taken.

The Title IX Coordinator will appoint a Title IX investigator.

The Title IX investigator shall investigate the report and make (i) findings of fact and (ii) recommended findings as to whether the respondent violated any provision of the Emerson College Sexual Misconduct Policy. The standard of proof shall be by a preponderance of the evidence.

The Title IX Coordinator will meet with the complainant and respondent individually and:

Provide each with written notification of the allegations of misconduct under investigation, which shall include, to the extent then known, a reference to any specific provisions of the Emerson College Sexual Misconduct Policy allegedly violated;

Inform each that a Title IX investigator has been appointed who will be investigating the complaint;

Identify the Title IX investigator by name to each;

Advise each that any behavior that can be construed as retaliation against the complainant, respondent, or witnesses will be subject to immediate disciplinary action up to and including suspension or dismissal from the College or termination of employment;

Provide each with a copy of the Emerson College Sexual Misconduct Policy and advise each to read it carefully;

Provide each with a copy of the Process for Resolving Reports of Sexual Misconduct Against Emerson Faculty, Staff, and Emerson-Affiliated Third Parties and advise each to read it carefully;

Advise each that they may speak to the Title IX Coordinator at any time during the investigation if they have questions about the Emerson College Sexual Misconduct Policy or the Title IX Investigation Process;

Advise each that they may have one person present whenever they meet with the Title IX investigator (an “advisor”). An advisor may include, but is not limited to, an attorney or a union representative if the respondent is a member of a union. Emerson will not supply any individual involved in a college investigation with an attorney or pay for him or her to retain an attorney. Any advisor who accompanies a complainant or respondent to a meeting with the Title IX investigator may attend that meeting solely for consultation purposes and may not pose or answer questions. If a respondent, or a complainant who is a member of the Emerson community does not have an advisor, Emerson will provide them with a list of Emerson faculty or staff who have volunteered to act as an advisor to parties involved in the Title IX investigative process;

Advise each that each will be permitted to submit a list of witnesses to the Title IX investigator;

Advise each that each will be permitted to submit relevant documentary evidence to the Title IX investigator (e.g., texts, e-mails, photographs);

Advise each of confidential resources, including advocates, health care providers, and counseling services, on campus and in the local community;

Advise each of the importance of preservation of evidence (e.g., texts, e-mails, notes, photograph, etc.);

Advise each of their option to request that the College take steps to prevent unnecessary or unwelcome contact or communication with another member of the Emerson community;

Advise the complainant of her/his/their option to pursue a criminal action against the respondent working with local police in addition to pursuing remedies and/or sanctions through College processes, or to seek a court order of protection/restraining order;

Advise the complainant that the Emerson Police Department and/or the Director of Healing & Advocacy and/or Survivor Advocate are available to assist them in contacting and communicating with local police, or in seeking court orders of protection/restraining orders.

Thereafter, the Title IX investigator shall interview the complainant (if possible) and summarize the interview in a written statement that shall be provided to the complainant for her/his/their review and comment. The Title IX investigator shall review any comments that are submitted and incorporate relevant and clarifying comments into the complainant’s statement. Comments that conflict significantly with information previously submitted by complainant should be noted.

The Title IX investigator shall ask the complainant for names, addresses, and other contact information (e.g., phone numbers and/or e-mail addresses) of witnesses.

The Title IX investigator shall interview the respondent (if possible) and summarize the interview in a written statement that is provided to the respondent for his/her review and comment. The investigator shall review any comments that are submitted and incorporate relevant and clarifying comments into the statement. Comments that conflict significantly with information previously submitted by the respondent should be noted. As a part of this process, the Title IX investigator shall assess if interim measures not already implemented are appropriate and, if so, work with the Title IX Coordinator to ensure they are in place.

The Title IX investigator shall ask the respondent for names, addresses, and other contact information (e.g., phone numbers and/or e-mail addresses) of witnesses.

The Title IX investigator shall review College records, including student course evaluations, to assess whether any prior allegations have been made against the respondent that relate to the subject of the complaint. The respondent will be provided with a copy of any of the respondent’s personnel records that relate to the subject of the complaint.

The Title IX investigator shall make reasonable attempts to interview any relevant witnesses identified by the complainant or respondent, or identified by witnesses or any other source, and produce written summaries of witness statements. These summaries, as well as the summaries of the complainant’s and the respondent’s statements, shall form the basis of the written report.

The Title IX investigator shall review any documentary evidence submitted by the complainant or the respondent (e.g., texts, emails, photographs, etc.). The Title IX investigator shall describe his/her determinations concerning the relevance of the documentary evidence in the written report, and append (and redact, if necessary) submitted evidence, as appropriate.

The Title IX investigator shall gather and assess any other relevant evidence available to the College (e.g., additional witnesses not identified by the parties, security camera footage, respondent’s record of discipline at Emerson, expert review of medical records). Relevant information reviewed by the Title IX investigator shall be described in the written report and appended (and redacted, if necessary), as appropriate.

After reviewing any witness statements, documentary evidence and other relevant evidence as noted in 8, 9, 10, and 11 above the Title IX investigator will, when possible, conduct follow-up interviews with the complainant and the respondent and supplement the complainant and respondent interview reports as necessary.

At the conclusion of the investigation, but before any findings are reached by the Title IX investigator, the Title IX investigator shall submit his/her draft written report (with a summary of evidence and attachments, but without findings) to the Title IX Coordinator for review. The Title IX Coordinator may suggest additional clarification or the gathering of additional evidence, as appropriate.

The Title IX investigator shall permit both the complainant and respondent and their respective advisors to review a copy of the draft written report (still without findings, but as revised consistent with any suggestions from the Title IX Coordinator) under the supervision of a College employee in the Title IX Coordinator's or Title IX investigator's office and then provide any clarifications or comments they may wish to offer.

Neither the complainant nor the respondent will be permitted to copy or remove the draft written report from the Title IX Coordinator's or Title IX investigator's office. Relevant and clarifying comments provided by either party will be incorporated into the draft report by the Title IX investigator in his/her discretion in consultation with the Title IX Coordinator, and the Title IX investigator will note any significant deviations from previous statements. If the complainant and/or respondent identify additional relevant evidence, that evidence shall be gathered by the Title IX investigator and included in the written report. Depending on the nature of the new evidence, it may be shared with the complainant and the respondent for comment.

The Title IX investigator shall revise the draft report to summarize all relevant evidence obtained during the investigation, and reach written recommendations using a preponderance of the evidence standard, as to whether the respondent should be found to have violated any provision(s) of the Emerson College Sexual Misconduct Policy.

The Title IX investigator will submit his or her revised draft investigation report including recommended conclusions to the Title IX Coordinator.

The Title IX investigator’s recommended conclusion(s) should be explained clearly and address each element necessary to establish whether the respondent violated the Sexual Misconduct Policy so that the reader understands how the Title IX investigator reached his/her recommended conclusion in light of the available evidence and the standard of proof.

The Title IX Coordinator may offer feedback, which should be incorporated into the final draft, if applicable. The Title IX investigator shall revise the draft report to reflect the Title IX Coordinator’s feedback, and the investigator shall resubmit his or her revised final draft to the Title IX Coordinator.

Upon receipt of the Title IX investigator’s final draft report, the Title IX Coordinator shall determine whether or not the respondent violated the Sexual Misconduct Policy based on the preponderance of the evidence and update the report to reflect the decision the Title IX Coordinator determines is warranted.

The Title IX Coordinator shall then submit the final draft investigative report to the Office of the General Counsel (“OGC”) for review and advice.

After the OGC’s comments, if any, are considered by the Title IX Coordinator, the Title IX Coordinator and/or the Title IX investigator should finalize the investigative report.

The Title IX Coordinator will issue letters to the complainant and the respondent informing them of the investigation findings concerning whether the respondent violated any provision of the Emerson College Sexual Misconduct Policy. Generally, such letters will be issued within two (2) business days of finalizing the Title IX report. The Title IX Coordinator shall send this communication to the complainant and the respondent via certified mail, return receipt requested, and also by electronic mail (read receipt requested).

If the respondent is found not to have violated any provision of the College’s Sexual Misconduct Policy, the Title IX Coordinator’s letter to both parties will inform them of the complainant’s right to appeal that decision on the grounds of either: (a) a lack of fairness in the procedures or process used to investigate the complaint that may alter the outcome of the investigation; or (b) significant new information (previously unknown) that has been revealed or discovered which materially alter the facts of the matter and may alter the outcome of the investigation. The appeals process is set forth below in Section IV.

If the respondent was found to have violated any provision of the College’s Sexual Misconduct Policy, the letter will notify both parties of those findings and provide them with information relating to the action(s) to be taken by the College described below in Section IV.

Regardless of the findings, the Title IX Coordinator shall present both parties with an opportunity to review the final investigative report, with their advisor present, in the presence of the Title IX Coordinator or designee.

IV. College Action Following Title IX Investigation Process

When the Title IX investigation concludes that there has been a violation of the College’s Sexual Misconduct Policy, the Title IX Coordinator will notify the applicable Reviewing Administrator.

The complainant and the respondent shall each have two calendar days from the date they review the Title IX investigator's report and findings to submit a written impact statement to the Reviewing Administrator. The written impact statements are intended to be an opportunity for the complainant and the respondent to inform the Reviewing Administrator of relevant information which should be considered in determining the appropriate action(s) to be taken by the College, including, but not limited to, how this incident has affected them, and whether they believe any facts or mitigating circumstances warrant leniency or significant employment action.

The Reviewing Administrator shall consider the following documents: i) copy of the Title IX investigator's findings and conclusions; ii) a copy of any relevant portions of the respondent's personnel record; and iii) a copy of any impact statements. The Reviewing Administrator will also consult with the Title IX Coordinator, Title IX Team, members of the Title IX Team, or any other College employees he or she or they deems appropriate (e.g. an employee’s supervisor) prior to deciding what actions, if any, will be taken by the College. The Reviewing Administrator will not challenge or re-examine the Title IX investigation’s findings of fact or responsibility, but will review solely the issue of what if any response by the College is most appropriate to achieve the College’s goals of redressing the respondent’s misconduct and enhancing the safety of the community.

The Reviewing Administrator shall thereafter advise the Title IX Coordinator, and respondent, in writing, of all actions the College has taken (“the disciplinary decision”) and shall advise the complainant of the actions taken by the College in accordance with applicable law. This communication from the Reviewing Administrator shall also inform the complainant and the respondent of their rights of appeal. The Reviewing Administrator shall send this communication to the complainant and the respondent via certified mail, return receipt requested, and also by electronic mail (read receipt requested). Absent extenuating or unusual circumstances, the Reviewing Administrator will generally send this communication to the parties within five (5) business days after the date the parties’ written impact statements were due.

Actions the College may take when a respondent is found to have violated the College’s Sexual Misconduct Policy may include, but are not limited to disciplinary actions such as: loss of College privileges, reprimand, change in work assignment or location, mandatory training, unpaid suspension, and termination of employment, contract, or other relationship with the College. Discipline will be imposed depending on the role of the respondent and in accordance with other legal obligations in the College’s relationship with the respondent. Any disciplinary actions imposed by the College against an employee who is represented by a union will be imposed in accordance with the terms of any applicable collective bargaining agreement.

V. Appeal Following Title IX Investigation Process

The complainant and the respondent shall each have seven calendar days after receiving notice of the actions taken by the College to submit a written appeal to the Appeals Administrator.

If the respondent is an Emerson College faculty member, appeals shall be sent to the Chief Academic Officer.

If the respondent is an Emerson College staff employee, the appeal shall be sent to the Vice President of the College (or comparable officer, including the Executive Director of the Office of the Arts, the Executive Director of the Los Angeles Program, and the Dean of Students) responsible for the department in which the employee respondent is employed.

If the Title IX Coordinator has determined that a report involving an Emerson-affiliated party will be reviewed by this process, the appeal shall be sent to an official designated by the College. The official may include the Chief Academic Officer or other College administrators, as appropriate under the circumstances and in the discretion of the College. In the written notice sent to parties concerning the outcome of a complaint against a third party, the College will inform both parties the designated administrator to whom appeals may be directed.

The sole grounds for appeal are: (a) a lack of fairness in the procedures or process that may alter the outcome; or (b) significant new information (previously unknown) that has been revealed or discovered which materially alters the facts of the matter and may alter the outcome. Absent extenuating or unusual circumstances, the Appeals Administrator shall notify the parties within ten calendar days whether the appeal has been granted or rejected.

If the Appeals Administrator grants an appeal, he or she or they shall determine the next steps in his or her sole discretion. Next steps may include, but are not limited to, a remand to the Title IX investigator or Title IX Coordinator for additional investigation, or remand to the Reviewing Administrator for a new evaluation of the actions to be taken by the College.

VI. Reservation of Rights

Emerson expressly reserves its right to impose disciplinary action against a member of the College’s faculty, staff, or a third party for misconduct which does not constitute a violation of the Emerson College Sexual Misconduct Policy. When a member of the Emerson faculty or staff, or third party, is alleged to have engaged in both sexual misconduct and other types of misconduct, the College in its sole discretion will decide whether to resolve the other types of misconduct in accordance with the Process for Resolving Reports of Sexual Misconduct Against Emerson Faculty, Staff, and Emerson-Affiliated Third Parties and/or whether to review the reported violations of the Sexual Misconduct Policy prior to imposing disciplinary action for other violations of college policies. Information and evidence obtained by the College during a Title IX investigation may be reviewed as part of an assessment of other misconduct. Where a respondent accused of sexual misconduct is an at-will employee, notwithstanding any provisions in this Process, the College expressly reserves its rights and discretion to discipline the employee, up to and including termination of employment, for any and all non-discriminatory reasons, including, but not limited to, the College’s determination that the employee exercised poor judgment, behaved in a manner that does not reflect well on the College, or the College’s assessment that the employee’s continued employment no longer serves the best interests of the College.

Where a respondent accused of sexual misconduct is represented by a union, notwithstanding any provisions in this Process for Resolving Reports of Sexual Misconduct Against Emerson Faculty, Staff, and Emerson-Affiliated Third Parties, the College expressly reserves any and all rights and discretion it has under the applicable collective bargaining agreement (CBA) to discipline the employee, up to and including termination of employment, for non-discriminatory reasons.

Where a respondent accused of sexual misconduct is employed pursuant to an individual contract, notwithstanding any provisions in this Process for Resolving Reports of Sexual Misconduct Against Emerson Faculty, Staff, and Emerson-Affiliated Third Parties, the College expressly reserves any and all rights and discretion it has to discipline the employee, up to and including termination of employment, for non-discriminatory reasons permitted under the applicable individual contract.

Where a respondent accused of sexual misconduct is the employee, agent, or representative of an entity with a contractual or other relationship with the College, notwithstanding any provisions in the Process for Resolving Reports of Sexual Misconduct Against Emerson Faulty, Staff, and Emerson-Affiliated Third Parties, the College expressly reserves its rights and discretion under the contract or other relationship, up to and including the right to terminate such contractual or other relationship in accordance with the terms of the applicable contract or agreement.

VII. Amnesty

Emerson College seeks to remove any barriers to reporting incidents of sexual misconduct by making the procedures for reporting such incidents transparent and straightforward. The College recognizes that a student complainant or witness who has been drinking or using drugs at the time of an incident of sexual misconduct may be hesitant to make a report concerning sexual misconduct by an Emerson faculty, staff or a third party because of potential disciplinary consequences for the student’s own conduct. Any Emerson student who reports sexual misconduct against a member of the College’s faculty, staff or a third party, either as a complainant or a third party witness, will not be subject to disciplinary action by the College for his/her/their own personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations did not and do not place the health or safety of any other person at risk. The College may, however, initiate an educational discussion or pursue other educational remedies regarding alcohol or other drugs. The amnesty policy provides students with amnesty from disciplinary charges under the College's student conduct process and thus does not apply to faculty, staff, or third parties.

[1] The College reserves the right to amend or modify this Process depending on the circumstances. This includes, but is not limited to, the College’s right to modify this Process in unusual circumstances including, but is not limited to, when a complainant withdraws a complaint or a respondent admits responsibility.

[2] If the College concludes that a reported violation of the College’s Sexual Misconduct Policy should be investigated at the School or department level, rather than by a Title IX investigation, the Reviewing Administrator shall initiate such an investigation. The complainant and the respondent will be notified that the report has been forwarded to the Reviewing Administrator for review. In such circumstances, the investigation process will be determined by the Reviewing Administrator in consultation with the Title IX Team or members of the Title IX Team, and/or the Senior Associate Vice President/ Chief Human Resources Officer. The investigation may, as appropriate in the discretion of the Reviewing Administrator and Senior Associate Vice President/ Chief Human Resources Officer, include, but need not be limited to: individual meetings with the complainant, the respondent, and witnesses; review of statements prepared by the complainant and the respondent; and review of relevant documentary evidence submitted by the complainant and the respondent (e.g., texts, emails, photographs, etc.). If the respondent is found to have violated any College policy, actions taken by the College may include, but are not limited to: loss of College privileges, reprimand, change in work assignment or location, mandatory training, suspension, and termination of respondent’s employment or other contract or relationship with the College. Any disciplinary actions imposed by the College against an employee who is represented by a union will be imposed in accordance with the terms of any applicable collective bargaining agreement.

[3] In accordance with the Clery Act, the College defines a CSA to include any member of the Emerson College Police Department; any individual who has responsibility for campus security, but who is not a member of the Emerson College Police Department; any individual identified by the College as someone to whom a crime should be reported; and any College official who has significant responsibility for student and campus activities